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ECJ opens the door for parties not directly affected by actions of a cartel to claim compensation for losses

In its judgement of 12 December 2019 (Case C-435/18), the European Court of Justice (ECJ) ruled that a party that was not directly affected by actions of a cartel may claim compensation for losses incurred. The request for a preliminary ruling was made by the Oberster Gerichtshof (Supreme Court of…

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The NCC is set to raise the Netherlands' profile

On 8 March 2018 the Dutch House of Representatives adopted a bill pertaining to the establishment of the Netherlands Commercial Court (NCC). This special chamber of the Amsterdam District Court and Amsterdam Court of Appeal will specialise in hearing extensive trade disputes with an international aspect, using English as the…

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Evidence for your claim not at your disposal? Seizure of evidence provides a solution

Imagine: you have a claim against someone, but not the evidence to prove it. Perhaps you cannot get hold of the documents as they are in the possession of your counter party or even a third party and they are unwilling to voluntarily provide you with them. If you were…

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Warranty & indemnity-insurance: Trends and observations

The product of warranty and indemnity insurance (hereafter ’W&I insurance’) is an increasingly popular tool to bridge the gap between the needs of purchasers and sellers in private M&A transactions. W&I insurance is a method for either the seller or the purchaser in an asset or share sale agreement to…

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Pre-judgment attachments in the Netherlands – How to calculate the creditor's claim

The attachment of assets prior to the commencement of legal proceedings (conservatoir beslag) is a well used method in the Netherlands for securing the creditor’s claim. Attaching the debtors assets (e.g. moveable assets, real estate, shares, bank accounts or claims on third parties) will deprive the debtor of his right…

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Wind of Change – Dutch offshore wind energy takes off

Just recently Dutch news broadcaster NOS announced that electricity generated in the Netherlands originates increasingly from non-renewable energy sources as opposed to renewable energy sources. We are using more electricity produced by coal fired plants instead of less. For years if not decades, in the Netherlands,…